2019•SSRN Electronic JournalOpen access

Neither the Problem Nor the Solution Lies with the Judiciary: Response to Robertson's Judicial Impartiality in a Partisan Era

Melanie Kalmanson

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Abstract

Responding to Cassandra Burke Robertson's Judicial Impartiality in a Partisan Era, this Response argues that neither the problem nor the solution in the concern of judicial independence lies in the judiciary itself. Rather, we must look to educating the public and reconsidering our methods of judicial selection and retention.

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Responding to Cassandra Burke Robertson's Judicial Impartiality in a Partisan Era, this Response argues that neither the problem nor the solution in the concern of judicial independence lies in the judiciary itself. Rather, we must look to educating the public and reconsidering our methods of judicial selection and retention.

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Available abstract

Responding to Cassandra Burke Robertson's Judicial Impartiality in a Partisan Era, this Response argues that neither the problem nor the solution in the concern of judicial independence lies in the judiciary itself. Rather, we must look to educating the public and reconsidering our methods of judicial selection and retention.

Key concepts: Impartiality, Judicial independence, Judicial activism, Judicial discretion, Political science, Law, Independence (probability theory), Judicial opinion

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